The Florida Third District Court of Appeals recently heard a case that addressed whether a gun manufacturer was liable for the death of a young man after a gun they manufactured allegedly had defects. The family of a young man who shot himself in the eye, causing his death, brought this action under a wrongful death theory. They alleged that the case should be able to move forward even though gun manufacturers are typically immune from wrongful death lawsuits. If a loved one has died due to the negligence or recklessness of someone else, you may be able to recover damages. Contact a qualified South Florida wrongful death attorney as soon as possible.
Facts of the Case
This case came to the appeals court after a lower court granted a motion for summary judgment for the gun manufacturer. The parents of the young man who died after the gun discharged put forth the theory that his death was not suicide but instead caused by a defect in the gun. They argued that the gun had a defective design and did not have an effective way to prevent accidental discharge after it is dropped. The gun manufacturer argued that they were immune from this kind of suit due to a federal law barring actions against gun manufacturers for harm due to the criminal use of the firearms. The lower court agreed with the gun manufacturer and dismissed the case.